Can I Claim Compensation For A Salary Data Breach?

In today’s world, where digital technology dominates almost every aspect of our lives, data breaches have, unfortunately, become a common occurrence. Unfortunately, employers are no exception to this trend, and a data breach by an employer can lead to the exposure of sensitive information, including names, addresses, national insurance numbers, and financial details. A salary data breach leaves customers at risk of identity theft and fraud, causing significant financial and emotional damage.

If you have suffered harm because your salary data has been compromised, you may be entitled to compensation. This guide aims to provide valuable information and advice on navigating the claims process. We will cover everything from how a loan company data breach can occur to the eligibility criteria for claiming and how to make a No Win No Fee data breach claim.

Our aim is to provide you with the necessary knowledge to make an informed decision and to help you understand the compensation you may be entitled to for damages caused by the breach. We are committed to supporting our clients through every step of the process and ensuring they receive the compensation they deserve.

If you have any further questions or would like to begin a claim, we are here to help. Please don’t hesitate to contact us by phone, email, or live chat, and one of our expert advisors will be happy to assist you.

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Could I Claim Compensation For A Salary Data Breach?

If you have been a victim of a salary data breach, you may be entitled to claim compensation. However, there are some important factors to consider before making a claim.

Under the Data Protection Act 2018, individuals have the right to compensation if they have suffered damage due to a data breach. However, to claim compensation, you must be able to prove that the entity that held your data acted wrongfully and that the breach caused you harm.

In the case of a salary data breach, you would need to provide evidence that your employer or the company responsible for processing your salary data acted negligently or in breach of their obligations under the Data Protection Act. This could include failing to protect your personal information adequately or failing to take reasonable steps to prevent a breach from occurring.

In addition to proving fault, you would also need to demonstrate that you suffered harm as a result of the breach. This could include financial loss, such as identity theft or fraud, or emotional distress after a data breach.

If you believe you have a valid claim for data breach compensation, it is important to seek legal advice from a qualified solicitor who specialises in data breach claims. They can advise you on the strength of your claim, the evidence you will need to gather, and the compensation you may be entitled to. Please contact an advisor. They could put you in touch with data breach solicitors if you’re eligible to claim.

How Long Do I Have To Make A Salary Data Breach Claim?

Under the Limitation Act 1980, there is a general time limit of 6 years to bring a claim for compensation following a salary data breach. This means that if you become aware of a breach more than 6 years after it occurred, you may not be able to claim compensation. However, there are some exceptions to this rule, such as if the breach was not discovered until a later date or if you were a minor at the time of the breach.

It is important to seek legal advice as soon as possible if you believe you have a claim for compensation, as delays can impact the strength of your case and the evidence available. An experienced solicitor can assess your case, advise you on your options, and help you to pursue your claim within the appropriate time limit.

How Can Salary Data Breaches Occur?

Salary data breaches can occur as a result of wrongful actions by an employer or a third-party payroll company. For example, an employer may fail to put in place appropriate security measures to protect sensitive data or may give unauthorised access to the data to third-party service providers. Similarly, a third-party payroll company may mishandle or mismanage data, leading to a breach.

Some common wrongful actions that can result in a salary data breach include failing to encrypt or secure data, storing data on unsecured servers, failing to restrict access to sensitive data, or sending sensitive data to the wrong recipient.

It is the responsibility of employers and third-party payroll companies to take appropriate measures to protect employee data from breaches. Failure to do so can result in significant financial and emotional harm to employees, including identity theft, fraud, and emotional distress.

If you believe your employer or a third-party payroll company has acted wrongfully and caused a salary data breach, you may be entitled to claim compensation.

Statistics On Data Security

Based on the government’s 2022 Cyber Security Breaches Survey, almost 4 out of 10 businesses surveyed reported experiencing a cyber security breach or attack in the preceding year. This percentage remained the same as in 2021. Shockingly, 31% of those businesses said they were attacked at least once a week, with 20% of them suffering negative consequences. The survey also revealed that the estimated cost of each cyber attack averaged around £4,200.

Phishing attempts continue to be the most common type of cyber attack, accounting for a staggering 83% of all incidents. However, it’s worth noting that data breaches can occur in various ways, not just online. For example, personal information could be written down by a person or company and not stored securely, potentially leading to it being accessed by unauthorised individuals.

What Damages Could I Be Entitled To Claim If My Employer Breaches My Personal Data?

If your employer breaches your personal data, you may be entitled to claim for several types of damages. These can include:

Material damages – These refer to any direct financial loss that you have suffered as a result of the data breach, such as identity theft or fraud.

Non-material damages: These include compensation for any distress or emotional harm that you have suffered as a result of the data breach, such as anxiety, stress, or loss of sleep.

The level of compensation that you may be entitled to will depend on the breach and the extent of the harm that you have suffered.

While material damages are based on the actual costs and losses suffered, non-material damages could be more difficult to quantify.

The Judicial College Guidelines provide a helpful resource for understanding the potential compensation brackets for psychological injury in cases in England and Wales. These guidelines are based on past awards and provide rough estimates for various types of injuries.

For example, severe psychological harm may result in compensation ranging from £54,830 to £115,730, while less severe harm may result in compensation ranging from £1,540 to £5,860. However, it’s important to note that these figures are only a guide and that the specific amount of compensation awarded in any given case will depend on the unique circumstances involved.

Could I Make A No Win No Fee Data Breach Claim?